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WHEREAS, the City finds this to be consistent with the intent of the <br /> Concomitant Agreement and is agreeable to the delay of the dedication; <br /> NOW, THEREFORE, in consideration of the City allowing Sigma to delay <br /> the dedication of the property described in Section 3.c.i . of the <br /> Concomitant Agreement which is described above until after the rezone <br /> ordinance has been filed with the Snohomish County Auditor but before any <br /> building permits are issued by the City, Sigma hereby agrees as follows: <br /> 1 . Sigma agrees to dedicate to the City the property described in <br /> Section 3.c.i . of the Concomitant Agreement described above prior to the <br /> City's issuance of any building permits for the property described in <br /> Exhibit A. <br /> 2. Sigma agrees that the City may withhold the issuance of all <br /> building permits for the property described in Exhibit A until the rezone <br /> ordinance is filed with the Snohomish County Auditor, the conditions of said <br /> Concomitant Agreement have been complied with and the property described in <br /> Section 3.c.i . of the Concomitant Agreement has been dedicated to the City <br /> and the City will not incur any liability as a result of said withholding. <br /> 3. Sigma agrees that this Agreement runs with the land and is <br /> binding upon the owners of the property described in Exhibit A, their <br /> successors, tenants and assigns. <br /> 4. Sigma hereby certifies under penalty of perjury that Donald Bocek <br /> is authorized by all persons and entities with an ownership interest in the <br /> subject property to execute this Agreement on their behalf. <br /> 2 <br />