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�y 02 <br />O H <br />Ot7w <br />jRtt- <br />ZHrn <br />HOcn <br />,low � <br />q AW <br />AGREEMENT <br />between <br />CITY Of EVERETT <br />and <br />SIGMA DEVELOPMENT, INC. <br />THIS AGREEMENT is made and entered into this � day of F "OkI , <br />1988, by and between Sigma Development, Inc., hereinafter refereed to as <br />"Sigma," and the City of Everett, a municipal corporation under the laws of <br />the State of Washington, hereinafter referred to as "City." <br />WITNESSETH: <br />WHEREAS, the City has approved a rezone and Concomitant Agreement for <br />the property which is legally described in Exhibit A which is attached <br />hereto and incorporated herein by reference; and <br />WHEREAS, Section 3.c.i. of the Concomitant Agreement reads as follows: <br />3.c.i. That area in Powder Mill Gulch within the entire <br />one hundred five (105) acre site which has a topograpnic slope of <br />greater than 25% and any areas within a minimum of fifty (50) <br />feet of Powder Mill Creek shall be dedicated to the City of <br />Everett for municipal purposes by statutory warranty deed free <br />and clear of all liens, encumbrances, restrictions and <br />reservations. This ravine area should be designated as <br />environmentally sensitive by the City. <br />and <br />WHEREAS, instead of dedicating the property to the City at this time, <br />Sigma wants to delay the dedication of the property described in Section <br />3.c.i. of the Concomitant Agreement to the City until after the rezone <br />ordinance has been filed with the Snohomish County Auditor but prior to the <br />City's issuance of any building permits; and <br />8��g2500 <br />26A <br />VOL. 2 12SPAGE1962 <br />