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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 /> E. Performance guarantees are required for street, alley, utility <br /> and landscaping improvements. At least 10% setoffs shall be <br /> required for such guarantees. <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-2 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 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 - 9 <br />