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d. Legislative Power. That nothing herein shall be <br /> construed as being agreed to in consideration for <br /> said rezone, nor does the City relinquish its <br /> legislative power with respect to said rezone in <br /> consideration for this Agreement. <br /> e. Concomitant. That this Agreement is concomitant <br /> with Ordinance No. 372-75. <br /> f. Enforcement. <br /> (1) That any violation of this Agreement by the <br /> Owner, the Option Holders, the <br /> Owner's/Option Holder's successors and <br /> assigns shall be considered a violation of <br /> the City's Zoning Ordinance and shall be <br /> subject to all applicable penalties; <br /> (2) That any building or structure set up, <br /> erected, built, moved or maintained or any <br /> use of property contrary to the provisions <br /> of this Agreement, shall be and the same is <br /> hereby declared to be a public nuisance; <br /> The City is hereby authorized to apply to <br /> any court of competent jurisdiction for and <br /> such court, upon hearing and for cause <br /> shown, may grant a preliminary, temporary <br /> or permanent injunction restraining any <br /> person, firm and/or corporation from <br /> violating any of the provisions of this <br /> Agreement, and compelling compliance with <br /> the provisions thereof; <br /> (3) That the penalty and enforcement provisions <br /> provided herein shall not be exclusive and <br /> the City may peruse any action remedy or <br /> relief it deems appropriate; <br /> (4) That, in the event the City is required to <br /> seek enforcement of any of the provisions <br /> of this Agreement by filing an action in <br /> court and the City is successful in <br /> obtaining said enforcement, Owner/Option <br /> Holders, Owner's/Option Holder's heirs, <br /> successors and assigns agree to pay all <br /> costs and reasonable attorney's fees <br /> incurred by the City. <br /> g. Non—Waiver. That the waiver by the Owner/Option <br /> Holders or the City of the breach of any <br /> provision of this Agreement by the other party <br /> will not operate or be construed as a waiver of <br /> any subsequent breach by either party to prevent <br /> either party from thereafter enforcing any such <br /> provision. <br /> 8. All provisions of the Agreement shall remain in full <br /> force and effect except as modified herein. <br /> —3— <br />