6001 36TH AVE W BASE FILE 2018-01-02 MF Import

mix C: H FH3 k HM xl Q=Q x to H C+] OR HC1 O H t�yy HMS 0Y n t"yZ HH H IM tn Z H to r-3 o to s -, WHEREAS, the City finds this to be consistent with the intent of the Concomitant Agreement and is agreeable to the delay of the dedication, NOW, THEREFORE, in consideration of the City allowing Sigma to delay the dedication of the property described in Section 3.c.1. of the Concomitant Agreement which is described above until after the rezone ordinance has been filed with the Snohomish County Auditor but before any building permits are issued by the City, Sigma hereby agrees as follows: 1. Sigma agrees to dedicate to the City the property described in Section 3.c.i. of the Concomitant Agreement described above prior to the City's issuance of any building permits for the property described in Exhibit A. 2. Sigma agrees that the City may withhold the issuance of all building permits for the property described in Exhibit A until the rezone ordinance is filed with the Snohomish County Auditor, the conditions of said Concomitant Agreement have been complied with and the property described in Section 3.c.1. of the Concomitant Agreement has been dedicated to the City and the City will not incur any liability as a result of said withholding. 3. Sigma agrees that this Agreement runs with the land and is binding upon the owners of the property described in Exhibit A, their successors, tenants and assigns. 4. Sigma hereby certifies under penalty of perjury that Donald Bocek is authorized by all persons and entities with an ownership interest in the subject property to execute this Agreement on their behalf. VOL. 212SPAGE 1963 n