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• <br /> 9. CONSTRUCTION OF AGREEMENT <br /> This Agreement is concomitant with the action of the City of Everett <br /> zoning the property to the B-1 classification. Nothing herein shall be <br /> construed as being agreed to be in consideration for said zoning, nor <br /> does the City relinquish its legislative <br /> power with respect to said <br /> zoning in consideration for this Agreement. <br /> 10. 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 a <br /> waiver of any subsequent breach by either party or prevent either party <br /> from thereafter enforcing any such provision• <br /> 11 . 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 having executed <br /> this Agreement and having submitted it to the City within <br /> thirty days of the date of passage of the subject zoning <br /> ordinance affecting the subject property; and <br /> 3) The City having executed this Agreement. <br /> CONCOMITANT AGREEMENT - 7 <br />