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4. ENFORCEMENT <br /> A. Any violation of this Agreement by the Owners, their successors, <br /> tenants or assigns, shall be considered a violation of the Zoning <br /> Code of the City of Everett and shall be subject to all <br /> applicable penalties. Provided, that no personal liability shall <br /> 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 of <br /> its equitable interest in the property to another party. <br /> B. Any building or structure set up, erected, built, moved or <br /> maintained, or any use of property contrary to the provisions of <br /> this Agreement, shall be and the same is hereby declared to be a <br /> public nuisance. <br /> C. The City is hereby authorized to apply to any court of competent <br /> jurisdiction for and such court, upon hearing and for cause <br /> shown, may grant a preliminary, temporary or permanent injunction <br /> restraining any person, firm and/or corporation from violating <br /> any of the provisions of this Agreement, and compelling <br /> compliance with the provisions thereof. <br /> D. The penalty and enforcement provisions provided herein shall not <br /> be exclusive and the City may pursue any action, remedy or relief <br /> it deems appropriate. <br /> 5. 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. Nothing <br /> herein shall be construed as being agreed to in consideration for <br /> said zoning, nor does the City relinquish its legislative power <br /> with respect to said zoning in consideration for this Agreement. <br /> 6. 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 such <br /> provision. <br /> 7. EFFECTIVE DATE <br /> A. This Agreement shall become effective only upon the occurrence of <br /> all of the following: <br /> 1) The zoning ordinance affecting the subject property <br /> becoming effective; <br /> 2) The property owner(s) identified herein have executed <br /> this Agreement and submitted it to the City within <br /> thirty days of the date of passage of the subject <br /> zoning ordinance affecting the subject property; and <br /> 3) The City has executed this Agreement. <br /> CONCOMITANT AGREEMENT - 3 <br /> F xN18i1"q <br />