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• <br /> • <br /> 11 . 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 which are <br /> intended and shall have the force and effect of deed restrictions and <br /> shall be deemed to be covenants running with the land and binding <br /> upon the owners, their successors, tenants, and assigns. <br /> 12. 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. Provided, that no personal liability <br /> shall accrue against any party hereto, except for a violation <br /> specifically affecting property owned by such party. The <br /> personal liability of any party shall terminate upon the sale <br /> of its equitable interest in the property to another property. <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 /> 13. Construction of Agreement <br /> This Agreement is concomitant with the action of the City of Everett <br /> zoning the property to the B-2 classification. Nothing herein shall <br /> be construed as being agreed to in consideration for said zoning in <br /> consideration for this Agreement. <br /> 14. 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 /> -6- <br />