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9. Development of the site may require an agreement providing for <br /> non-exclusive use of the parking if the parking is provided in a <br /> coordinated manner. If the City requires such an agreement, the <br /> owners agree to execute it. <br /> 10. Recreation areas and facilities for the entire area described in <br /> Exhibit A shall be coordinated and shown on the master site plan <br /> approved by the Planning Department. <br /> 11. Any development on this site shall be in compliance with all <br /> applicable City ordinances, standards and policies <br /> 12. Federal, State, and Local Regulations: <br /> Development and all activities on this property shall be in <br /> compliance with all applicable federal, state, and local regulations. <br /> 13. Recording <br /> This Agreement shall be filed in the records of the Snohomish County <br /> Auditor for the purpose of subjecting the property to the <br /> restrictions, conditions, and limitations herein set forth herein <br /> which are intended and shall have the force and effect of deed <br /> restrictions and shall be deemed to be covenants running with the <br /> land and binding upon the owners, their successors, tenants, and <br /> assigns. <br /> 14. Enforcement <br /> A. Any violation of this Agreement by the owner, his successors, <br /> tenants or assigns, shall be considered a violation of the <br /> Zoning Code of the City of Everett and shall be subject to all <br /> applicable penalties. <br /> B. 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 same is hereby <br /> declared to be a public nuisance. <br /> C. The City is hereby authorized to apply to any court of <br /> competent jurisdiction for and such court, upon hearing and for <br /> cause shown, may grant a preliminary, temporary or permanent <br /> injunction restraining any person, firm and/or corporation <br /> from violating any of the provisions of this Agreement, and <br /> compelling compliance with the provisions thereof. <br /> D. 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 /> 15. Construction of Agreement <br /> This Agreement is concomitant with the action of the City of Everett <br /> zoning the property to the R-3(A) Classification. Nothing herein <br /> shall be construed as being agreed to be in consideration for said <br /> rezone, nor does the City reliquish its legislative power with <br /> respect to said rezone in consideration for this Agreement. <br /> 16. 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 /> -3- <br />