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contrary to the provisions of this Agreement, shall <br /> be and the same is hereby declared to be a public <br /> nuisance. <br /> D. The City is hereby authorized to apply to any court <br /> of competent jurisdiction for and such court, upon <br /> hearing and for cause shown, may grant a preliminary, <br /> temporary or permanent injunction restraining any <br /> person, firm and/or corporation from violating any of <br /> the provisions of this Agreement, and compelling <br /> compliance with the provisions thereof. <br /> E. The penalty and enforcement provisions provided <br /> herein shall not be exclusive and the City may pursue <br /> any action, remedy or relief it deems appropriate. <br /> 6. Change of Ownership <br /> That in the event there is a change in ownership, it is <br /> the responsibility of the new owner(s) to notify the <br /> City's Planning Department in writing within ten (10) <br /> days of the effective date of the change. <br /> 7. Legislative Power <br /> I Nothing herein shall be construed as being agreed to in <br /> consideration for said rezone, nor does the City <br /> relinquish its legislative power with respect to said <br /> rezone in consideration for this Agreement. <br /> 8. Concomitant <br /> This agreement is concomitant with Exhibit "A, " the <br /> Ordinance zoning the herein described property to the <br /> R-3(A) classification. <br /> 9. Non-Waiver <br /> The waiver by any owner or the City of the breach of any <br /> provision of this Agreement by the other party will not <br /> operate or be construed as a waiver of any subsequent <br /> breach by either party or prevent either party from <br /> thereafter enforcing any such provision. <br /> 10. Effective Date <br /> A. This agreement shall become effective only upon the <br /> occurrence of all of the following: <br /> 1 ) The zoning ordinance affecting the subject <br /> property becoming valid; <br /> 2) The property owner identified herein has executed <br /> this Agreement and submitted it to the City <br /> within thirty days of the date the ordinance <br /> becomes valid; and <br /> 3 ) The City has executed this Agreement. <br /> I <br /> 25 <br />