Ordinance 1535-88 - Laserfiche WebLink

c. The City is hereby authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm and/or corporation from violating any of the provisions of this Agreement, and compelling compliance with the provisions thereof. d. The penalty and enforcement provisions provided herein shall not be exclusive and the City may pursue any action, remedy or relief it deems appropriate. 6. Construction of Agreement - Legislative Power This agreement is concomitant with the action of the City of Everett zoning the property to the B-2(B) classification. Nothing herein shall be construed as being agreed to be in consideration for said rezone, nor does the City relinquish its legislative power with respect to said rezone in consideration for this Agreement. 7. Non-Waiver The waiver by any owner or the City of the breach of any provision of this Agreement by the other party will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provision. 8. Effective Date This Agreement shall become effective only upon the occurrence of all of the following: a. The zoning ordinance affecting the subject property becoming effective; b. The property owners identified herein have executed this Agreement and submitted it to the City in accordance with the Ordinance affecting the subject property; and c. The City has executed this Agreement. IN WITNESS WHEREOF, the Owners have caused these presents to be executed in their names and the City of Everett has caused the same to be duly executed by its Mayor, the date and year first above written. CONCOMITANT AGREEMENT - 3 VOL. 2200 PAGE 1 042 8901130037