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• <br /> 19. 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 on <br /> the 19th Avenue S.E. Plan referred to herein. Nothing herein <br /> shall be construed as being agreed to in consideration for said <br /> • zoning, nor does the City relinquish its legislative power with <br /> respect to said zoning in consideration for this Agreement. <br /> 20. 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 /> 21. 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 this <br /> Agreement and submitted it to the City within thirty days <br /> of the date of passage of the subject zoning ordinance <br /> affecting the subject property; and <br /> 3) The City has executed this Agreement. <br /> _8409070299 <br /> -16- VOL 1.86i.PAGE 2990 <br />