CEMEX Materials Pacific LLC 4/5/2017

(d) Survival. Indemnity obligations hereunder shall survive the Transfer Lot Group Closing Date and the Transfer Lot 3 Closing Date, as applicable and such obligations shall not be terminated by any intervening termination of the Development Agreement. (e) Cooperation. The parties agree to cooperate, in good faith, to reasonably accommodate each other's use and development of Lot 1, Lot 2, and Transfer Lot 3. The City by this Section is not promising to support any particular change to Part Two of this Agreement, or to make any changes with respect to land use controls or zoning. 1.12 Security,Escrow, and Remedies by City. (a) Security. The security for the obligations of the Owner under this Amendment are as follows: (1) Bonds/Obligation Deed of Trust. To secure the Owner's Obligations, including payment of the Installment Payments under Section 1.15 below, the Transfer Lot 3 Work under Section 1.2(d), and the conveyance of Transfer Lot 3 to the City, Owner shall deliver the Bonds, in accordance with Exhibit I,to the City in the total amount of Three Million Six Hundred and No/100 Dollars ($3,600,000). In exchange for the delivery of the Bonds,the City will concurrently execute two Request for Reconveyance to release and cause to be fully reconveyed those certain Deeds of Trust dated July 1, 2001, and recorded under Snohomish County Recording No. 200107110598 and 200107110599 (the "Reconveyances") against the Lots. Thereafter, at Owner's election, Owner may submit a Binding Site plan to the City to legally create the Lots. Upon the Binding Site Plan Notice of Decision being signed and the Binding Site Plan being approved by the City and recorded by Owner, all so that the Lots are legal 21