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9. Recording: <br /> A. This Agreement shall be filed in the records of the Snohomish <br /> County Auditor for the purpose of subjecting the property to the <br /> restrictions, conditions and limitations herein set forth which <br /> 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 /> 10. Enforcement: <br /> A. Any violation of this Agreement by the owner, his 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 property. <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 /> 11 . Construction of Agreement: <br /> A. This Agreement is concomitant with the action of the City of <br /> Everett zoning the property to the R-3 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 /> 12. 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 /> 13. Effective Date: <br /> A. This Agreement shall become effective only upon the occurence of <br /> all of the following: <br /> -4- <br />