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• <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 /> 7. CONSTRUCTION OF AGREEMENT <br /> a. This Agreement is concomitant with the action of the City of <br /> Everett zoning the property to the C-1, General Commercial <br /> classification. Nothing herein shall be construed as being <br /> agreed to in consideration for said zoning, nor does the City . <br /> relinquish its legislative power with respect to said zoning in <br /> consideration for this Agreement. <br /> 8. 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 /> VOL 1864 PAGE 1'708 <br /> 8 4()9 dyittm AGREEMENT -4- <br />