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7. Change of Ownership <br /> That in the event there is a change in ownership, it is the <br /> responsibility of the new owner(s) to notify the City's Planning <br /> Department in writing within ten (10) days of the effective date of <br /> the change. <br /> 8. Construction of Agreement <br /> That nothing herein shall be construed as being agreed to in <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 /> 9. Concomitant <br /> That this Agreement is concomitant with Ordinance No. 1580-89, zoning <br /> the herein described property to C-2 Heavy Commercial-Light <br /> Industrial Zone. <br /> 10.Non-Waiver <br /> The waiver by any owner or the City of the breach of any provision of <br /> this Agreement by the other party will not operate or be construed as <br /> a waiver of any subsequent breach by either party or prevent either <br /> party from thereafter enforcing any such provision. <br /> 11. Effective Date <br /> A. This Agreement shall become effective only upon the occurrence <br /> of all of the following: <br /> 1) The zoning ordinance affecting the subject property <br /> becoming effective; <br /> 2) The property owner identified herein has executed this <br /> Agreement and submitted it to the City within thirty days <br /> of the date of passage of the subject zoning ordinance <br /> affecting the subject property; and <br /> 3) The City has executed this Agreement. <br /> 4. Lot #10 of the Seaway Center has been dedicated to the <br /> City of Everett. <br /> -4- <br />