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1 <br /> Section 9: RECORDING. That an executed copy of this Agreement <br /> shall be recorded with the Snohomish County Auditor for the purpose of <br /> subjecting the subject property to the restrictions, conditions, and <br /> limitations herein set forth which are intended and shall be deemed to be <br /> covenants running with the land and binding uoon the Owners, their <br /> successors and assigns. <br /> Section 10: CHANGE OF OWNERSHIP. That in the event there is a <br /> change in ownership, it is the responsibility of the new owner to notify <br /> the City's Planning Department in writing within ten days of the effective <br /> date of the change. <br /> Section 11: LEGISLATIVE POWER. That nothing herein shall be <br /> construed as being agreed to in consideration for said rezone, nor does <br /> the City relinquish its legislative power with respect to said rezone in <br /> consideration for this Agreement. <br /> Section 12: CONCOMITANT. That this Agreement is concomitant with <br /> Exhibit "A", the ordinance zoning the herein-described property to C-1, <br /> General Commercial Zone. <br /> Section 13: ENFORCEMENT. <br /> A. That any violation of this Agreement by the Owner, the <br /> Owner's successor and assigns, and all subsequent owners, their respective <br /> heirs, successors and assigns shall be considered a violation of the <br /> City's Zoning Ordinance and shall be subject to all applicable penalties. <br /> B. That any building or structure set up, erected, built, moved <br /> or maintained or any use of property contrary to the provisions of this <br /> Agreement, shall be and the same is hereby declared to be a public <br /> nuisance. <br /> The City is hereby authorized to apply to any court of <br /> competent 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 any of the <br /> provisions of this <br /> Agreement, and compelling compliance with the <br /> provisions thereof. <br /> -5- <br />