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if2 r <br /> AGREEMENT <br /> between <br /> CITY OF EVERETT <br /> and <br /> SIGMA DEVELOPMENT, INC. <br /> THIS AGREEMENT is made and entered into this 4 /4 day of 41ruaky, <br /> 1988, by and between Sigma Development, Inc. , hereinafter referred 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 topographic 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 />