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12. CONSTRUCTION OF AGREEMENT <br /> This Agreement is concomitant with the action of the City of Everett <br /> zoning the property to the C-1 classification. Nothing herein shall be <br /> construed as being agreed to in consideration for said zoning, nor does <br /> the City relinquish its legislative power with respect to said zoning <br /> in consideration for this Agreement. <br /> 13. 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 /> 14. 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 identified herein has executed this <br /> Agreement and submitted it to the City within thirty days <br /> of the date of passage of the subject zoning ordinance <br /> affecting the subject property; and <br /> 3) The City has executed this Agreement. <br /> IN WITNESS WHEREOF, the Owners have caused these presents to be <br /> executed in their name and the City of Everett has caused the same to be duly <br /> executed by its Mayor, the date and year first above written. <br /> OWNER <br /> R THORSEN <br /> ; CONCOMITANT AGREEMENT - 6 <br /> 0835F <br /> • 8 50815 02 6? <br /> VOL i)1 S PAGE 1311 <br />