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• <br /> 17. ENFORCEMENT <br /> A. Any violation of this Agreement by the Owners, their <br /> successors, tenants, or assigns, shall be considered a <br /> violation of the Zoning code of the City of Everett and shall <br /> be subject to all applicable penalties. Provided, that no <br /> personal liability shall accrue against any party hereto, <br /> except for a violation specifically affecting property owned or <br /> occupied by such party. <br /> B. Any building or structure set up, erected, built, moved or <br /> maintained, or any use of the subject 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 from <br /> 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 /> 18. CONSTRUCTION OF AGREEMENT <br /> This Agreement is concomitant with the action of the City of <br /> Everett zoning the property to the C-1 classification. Nothing <br /> herein shall be construed as being agreed to in consideration <br /> for said zoning, nor does the City relinquish its legislative <br /> power with respect to said zoning in consideration for this <br /> Agreement. <br /> 19. 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 operate <br /> or be construed as a waiver of any subsequent breach by either <br /> party or prevent either party from thereafter enforcing any <br /> such provision. <br /> CONCOMITANT AGREEMENT - 9 <br />