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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 /> A. This Agreement is concomitant with the action of the City of <br /> Everett zoning the property to the C-2 classification as shown <br /> on the 19th Avenue S.E. Plan referred to herein. 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 /> A. 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 /> 20. 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 /> CONCOMITANT AGREEMENT - 14 <br />