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B'., That any building or structure set up, erected, built; moved or <br /> • <br /> maintained or any use of property contrary to the provisions of this Agreefient,' <br /> shall be and the same is hereby declared to be a public nuisance. <br /> The City is hereby authorized to apply to any court of competent jurisdic- <br /> - tion for and such court, upon hearing and for cause shown, may grant a preliminary, <br /> temporary or permanent injunction restraining any person; firm and/or corporation <br /> from violating any of the provisions of this Agreement, and compelling compliance <br /> with the provisions thereof. <br /> C. That the penalty and enforcement provisions provided herein shall not <br /> be exclusive and the City may pursue any action remedy or relief it deems <br /> appropriate. <br /> D. That in the event the City is required toseek enforcement of any of <br /> the provisions of this Agreement by filing an action in court and the City is <br /> successful in obtaining said enforcement, Owner, Owner's heirs, successors and <br /> assigns, and all subsequent Owners, their respective heirs, successors and assigns <br /> agree to pay all costs and reasonable attorney's fees incurred by the City. <br /> Section' 15: RECONSIDERATION. That should the Owner, Owner's <br /> successors and assigns, or any subsequent Owner, their respective heirs, successors <br /> and assigns desire to change the use of the property as permitted herein (transit <br /> terminal), they agree to file an application with the City and to allow the City to <br /> reconsider the M-M zoning designation and further agrees that the City may <br /> change the zoning designation and/or terms of this Agreement if it deems <br /> necessary. <br /> Section 16: NON-WAIVER. That the waiver by the Owner or the City of <br /> the breach of any provision of this Agreement by the other party will not operate <br /> or be construed as a waiver of any subsequent breach by either party or prevent <br /> either party from thereafter enforcing any such provision. <br /> IN WITNESS WHEREOF, the Owners have caused these presents to be <br /> executed in their name and the City has caused the same to be duly executed by its <br /> Mayor, the date and year first above written. <br /> OWNER: <br /> (Th SNOHOMISH COUNTYI PUBLIC <br /> BENEFIT AREA CORPORATION <br /> -7- <br />